United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 03-3637
                                   ___________

United States of America,             *
                                      *
            Appellee,                 *
                                      * Appeal from the United States
      v.                              * District Court for the
                                      * District of Minnesota.
Geraldo Lopez-Topete,                 *
also known as Abel De La Paz-Barrios, *    [UNPUBLISHED]
                                      *
            Appellant.                *
                               ___________

                             Submitted: July 6, 2004
                                Filed: July 26, 2004
                                 ___________

Before MELLOY, HANSEN, and COLLOTON, Circuit Judges.
                           ___________

PER CURIAM.

       Geraldo Lopez-Topete appeals the sentence imposed by the district court1 after
he pleaded guilty to one count of interstate travel in aid of unlawful activity, in
violation of 18 U.S.C. § 1952(a)(3). In a brief filed under Anders v. California, 

(1967), Lopez-Topete challenges the denial of a downward departure
motion based on diminished mental capacity. This argument amounts to an attack on
the district court’s discretionary refusal to depart downward, which in the

      1
       The Honorable James M. Rosenbaum, Chief Judge, United States District
Court for the District of Minnesota.
circumstances of this case is unreviewable. See United States v. Gonzalez-Ramirez,

, 734 (8th Cir. 2003).

      Having reviewed the record independently under Penson v. Ohio, 

(1988), we find no nonfrivolous issues. Accordingly, we affirm. We also grant
counsel’s motion to withdraw.
                      ______________________________




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